A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-34-1, §19-34-2,
§19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8,
§19-34-9and §19-34-10, all relating to the regulation of
dangerous wild animals; creating the Dangerous Wild Animal
Board; setting forth the duties of the board; requiring the
board to create a list of dangerous wild animals by rule;
permitting the board to issue a permit for a dangerous wild
animal legally possessed prior to the effective date of the
rules; prohibiting the possession of a dangerous wild animal
thereafter; setting forth permit requirements;providing for
confiscation and disposition of animals; permitting the
suspension and revocation of permits; providing exemptions;providing rule-making and emergency rule-making authority; and
establishing criminal and civil penalties.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §19-34-1, §19-34-2,
§19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8, §19-34-9and §19-34-10, all to read as follows:

ARTICLE 19. DANGEROUS WILD ANIMALS ACT.

§19-34-1. Findings and purpose.

The possession of dangerous wild animals presents serious
public health and safety concerns and shall be regulated for the
following reasons:

(1) To prevent the introduction or spread of disease or
parasites harmful to humans, domestic livestock and poultry,
wildlife and captive wild animals;

(2) To ensure the physical safety of humans;

(3) To prevent the escape or release of an animal injurious to
or competitive with agricultural, horticultural, forestry, wildlife
and other natural resources; and

(4) To prevent the mistreatment of permitted dangerous wild
animals.

§19-34-2. Definitions.

As used in this article unless otherwise specified:

(1) “Board” means the Dangerous Wild Animal Board;

(2) “Dangerous wild animal,” or the plural, means a mammal,
bird, reptile, amphibian and aquatic animal, including a hybrid,
that is dangerous to humans, other animals and the environment due
to its inherent nature. “Wildlife,” as defined by section two,
article one, chapter twenty of this code, “agricultural animals,”
as defined in section two, article ten-b and section two, article
twenty-nine, chapter nineteen of this code, and “domestic animals,”
as defined in this section, are excluded. A comprehensive list of
“dangerous wild animals” shall be set forth by the board pursuant
to the rule-making authority of this article.

(3) “Domestic animal,” or the plural, means an animal which,
through extremely long association with humans, has been bred to a
degree which has resulted in genetic changes affecting the
temperament, color, conformation or other attributes of the species
to an extent that makes it unique and distinguishable from a wild
individual of its species, and includes an animal that has been
bred as a companion animal.

§19-34-3.Prohibition on the possession of a dangerous wild animal;
exceptions.

(a) Except as otherwise provided in this article, no person
may possess a dangerous wild animal.

(b) Pursuant to the provisions of this article, the board may
issue a permit for the possession of a dangerous wild animal if the
applicant was in legal possession of the animal prior to the
effective date of the rules to effectuate the provisions of this
article.

(a) The Dangerous Wild Animal Board is hereby established with
the following members: the Commissioner of the Department of
Agriculture, the Secretary of the Department of Health and Human
Resources and the Director of the Division of Natural Resources, or
their designees.

(b) The Commissioner of Agriculture shall serve as the chair,
the Secretary of the Department of Health and Human Resources as
the vice chair, and the Director of the Division of Natural
Resources shall serve as the secretary of the board. The Department
of Agriculture shall provide necessary staff and support services
to the board as needed.

(c) The board has the following duties and responsibilities:

(1) To create a comprehensive list of dangerous wild animals;

(2) To establish minimum caging or enclosure requirements for
various dangerous wild animals;

(5) To annually review the list of prohibited dangerous wild
animals to determine if determine if animals should be added or
subtracted from the list; and

(6) To address any other matters necessitated by the
provisions of this article.

§19-34-5. Permit applications, requirements, issuance and
revocation.

(a) Application.-- A person applying for a permit to possess
a dangerous wild animal shall submit an application that includes
the following:

(1) A fee established by the board for each dangerous wild
animal;

(2) The name, address and telephone number of the applicant,
and the address where the dangerous wild animal is located;

(3) A description of each dangerous wild animal, including the
scientific name, common name, permanent and unique identifier, and
any information that would aid in the identification of the animal;
and

(4) A description of the exact location on the property and a
description of the enclosure or cage where each dangerous wild
animal is kept.

(b) Permit requirements and restrictions.-- The application
shall state, and the person shall acknowledge his or her
understanding, that:

(1) The person may not breed, receive or replace a dangerous
wild animal;

(2) The person shall notify the sheriff or humane officer in
his or her county immediately if the dangerous wild animal escapes;

(3) The person may not allow the dangerous wild animal to come
into physical contact with a person other than the permitee, the
animal’s designated handler, an employee of a law-enforcement
agency enforcing this article, or a veterinarian administering
medical treatment or care;

(4) The person has not been convicted for an offense involving
the abuse or neglect of any animal;

(5) The person has not had a permit or license concerning the
care, possession, exhibition, breeding or sale of an animal revoked
or suspended by a governmental agency;

(7) The person shall maintain records for each dangerous wild
animal including veterinary records, acquisition papers, purchase
date and other records that prove ownership of the dangerous wild
animal;

(8) The person presents proof of liability insurance in an
amount of not less than $100,000 with a deductible of not more than
$250 for each occurrence of property damage, bodily injury or death
caused by a dangerous wild animal possessed by the person;

(9) The person must notify the board not less than three days
before a dangerous wild animal is sold or transferred to another
person out of state;

(10) The person may not sell or otherwise transfer dangerous
wild animals in the state without the written consent of the board;

(11) The person shall notify the board of any plans to move or
change his or her address, and may not move the animal without the
written consent of the board. However, in the event of a medical
emergency, a dangerous wild animal may be transported to a licensed
veterinarian’s facility for treatment and care if the animal is at
all times confined sufficiently to prevent escape; and

(12) The person shall comply with all rules promulgated by the
board pursuant to the provisions of this article.

(c) The board may issue a permit to possess a dangerous wild
animal if it determines that the applicant has met the requirements
of this article.

(d) A permit to possess a dangerous wild animal is valid for
one calendar year and shall be renewed annually.

§19-34-6. Confiscation and disposition of animals; suspension and
revocation of permits.

(a) Law-enforcement officers, county humane officer or the
state veterinarian may immediately confiscate or euthanize any
dangerous wild animal if the animal poses an immediate risk to
public health or safety regardless of whether it is permitted.

(b) The board may summarily suspend a permit issued under this
article if one of the following conditions exists:

(1) A permitted animal is in a position to harm another
animal;

(2) A permitted animal poses a risk to public health or
safety; or

(3) The permitee has violated a provision of this article.

(c) In the event of the suspension of a permit or confiscation
of an animal pursuant to this section, the dangerous wild animal
may be transferred to another currently licensed person in
compliance with the provisions of this article if the transfer
would abate the imminent harm to the animal or the public as
determined by the responding law-enforcement officers, county
humane officer or state veterinarian. If the transfer of the
dangerous wild animal cannot be accomplished without additional
risk to public safety, or if no suitable facility is available for
transfer, the responding law-enforcement officers, county humane
officer or veterinarian may humanely euthanize the animal.

(c) Upon conviction of an offense under this article or other
animal cruelty statute, the license of a person shall be revoked.

(d) The board may, for cause, revoke a license.

(e) A person aggrieved by action of the board may appeal to
circuit court.

§19-34-7. Exemptions.

(a) The permitting provisions of this article do not apply to:

(1) Institutions accredited by the Association of Zoos and
Aquariums (AZA) or an AZA-certified facility;

(2) Animal control or law-enforcement agencies or officer
acting under the authority of this article;

(5) A research facility as defined in the Animal Welfare Act,
7 U.S.C. § 2132(e), as amended;

(6) A circus that is an incorporated, class c licensee under
the Animal Welfare Act, 7 U.S.C. § 2132(e), as amended;

(7) A person displaying dangerous wild animals at a fair or
festival that has been preapproved by the department; and

(8) A person temporarily transporting a dangerous wild animal
through the state if the transit time is not more than forty-eight
hours and the animal is at all times confined sufficiently to
prevent escape.

(b) Qualified exemption.-- The permitting provisions of this
article do not apply to exhibitors or dealers licensed under the
Animal Welfare Act, 7 U.S.C. § 2132(e), as amended, at the time the
rules become effective. The board has the power to revoke the
permitting exemption for exhibitor or dealer licensees that have
repeated, uncorrected violations of the Animal Welfare Act, a
conviction of an animal cruelty statute, or a violation of sections
seven or ten of this article that apply generally.

§19-34-8. Dangerous Wild Animal Fund; creation; purpose.

(a) There is hereby created in the State Treasury a special
revenue account to be designated the Dangerous Wild Animal Fund.
Expenditures from the fund are for the purposes set forth in this
article and are to be made in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two, chapter eleven-b of this code.

(b) All moneys received and collected pursuant to this article
shall be deposited into the fund and used for the purposes
designated in this article. The fund may receive any
appropriations, gifts, grants, contributions or other money from
any source that is designated for deposit into the fund.

§19-34-9. Rulemaking authority

The board shall propose rules for legislative approval to
effectuate the provisions of this article in accordance with the
provisions of article three, chapter twenty-nine-a of this code.
The board may promulgate emergency rules pursuant to section
fifteen, article three, chapter twenty-nine-a of this code.

§19-34-10. Criminal and civil penalties.

(a) A person who violates a provision of this article is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $200 nor more than $2,000 for each animal with
respect to which there is a violation.

(b) A person who knowingly and intentionally releases a
dangerous wild animal or unlawfully possesses a dangerous wild
animal that does not cause injury to a person, shall be guilty of
a misdemeanor and, upon conviction, may be confined in jail for not
more than one year or fined not less than $500 nor more than
$2,500, or both confined and fined.

(c) A person who knowingly and intentionally releases a
dangerous wild animal or unlawfully possesses a dangerous wild
animal that injures a person is guilty of a felony and, upon
conviction thereof, may be imprisoned in a state correctional
facility for not less than one year nor more than three years, or
fined not less than $1,000 nor more than $5,000, or both confined
and fined.

(d) Civil penalty.-- A person convicted of an offense under
this article is liable for all costs, including personnel costs,
expended by the county or state agencies involved with the capture,
confinement, transfer or euthanasia of a dangerous wild animal.

(e) The civil liability imposed by this section is in addition
to any other legal remedies for damages to person or property
caused by a dangerous wild animal.

NOTE: The purpose of this bill is to regulate the ownership of
dangerous wild animals by creating a regulatory board, providing
rule-making authority, creating offenses and establishing criminal
and civil penalties.

This bill is new; therefore, strike-throughs and underscoring
have been omitted.